Los Angeles daily herald., 1887-10-09
AZUSA WATER.
Application Made for u writ Of
Injunction.


The following application for an in
junction has been filed in the Superior
Court by the Azusa Water Develop.
ment and Irrigating Company against
the Azusa Irrigating Co., the Duarte
Mutual Irrigating and Canal Co.,
Beardsley Water Ditch Co., Gladstone
Improvement Co., Azusa Land and
Water Co., San Jose Land and Water
Co., and l04 citizens:
First-The plaintiff is corporation
formed under the laws of the State of
California, and its place of business is
at Azusa.
Second, third, fourth, fifth, sixth,
seventh and eighth-state that the
corporations forming portion of the
defendants, are corporations instituted
under the laws of the State of Cali
fornia.
Ninth-There is near the town Of
Azusa a river known as the San Ga
briel River, which runs its course
from the San Gabriel caiIon by the
foothills to the sea.
Tenth-That the plaintiff desired
to appropriate some of the surplus
water, and posted notice to that
effect on or near the commencement of
the ditch which is used by the defend
ants to supply their constituents with
water, and by virtue and the authori-
ty of the law, the plaintiff claimed
1000 inches of water measured under
a four-inch pressure for irrigation and
domestic purposes, and that copy of
the aforesaid notice was placed on
record in the office of the Recorder of
Los Angeles county.
Eleventh-That the plaintiff COM
menced work within sixty days of the
posting of the said notice, and by
their own development works devel-
oped a body of water 1877 inches meas
ured under a four-inch pressure, and
also ran tunnel 100 feet in length
and built twenty miles of bitches at
an expense of about 100000.
Twelfth-The irrigating bitches as
built by the plaintiff covers an area of
about 5000 acres of land, on which
about $50 people reside who are de-
pendent upon the water from the
bitches OF the plaintiff for all the wa
ter used by them for domestic and
irrigating purposes, and that these
people by using this water do no in
jury to the defendants or any Of them.
Thirteenth-The defendants are now
engaged in boring a large tunnel in
such situation and in such manner
that if allowed to complete it the plain
tiff7s tunnel will be of no use whatever,
as the water will be entirely diverted
from the bitches and tunnel built by
and belonging to the plaintiff. That
the said tunnel is now being pushed to
completion by every effort known to
defendants, a large force of men being
kept at work on it day and night, and
and if not Immediately restrained by
the Honorable Court, the work will be
completed in short time, and ire
parable and permanent injury done to
the plaintiff, the said tunnel being
bored entirely without the plaintiffs
consent, permission or authority.
Fourteenth-That unless at once
prevented by restraining order from
the Honorable Court the project of
the defendants will be carried out to
completion. and if 80 carried out will
render the large property Of the plain
tiff entirely valueless and cause to go
to waste the many orchards and acres
of vegetation on the area of improved
lands now supplied with water from
the bitches of the plaintiff.
The petition closes with an applica-
ton to the court for an injunction pend
ing the hearing of the action, and that
the injunction be Immediately served
in the usual form.